What happens next in case about Florida’s 15-week abortion ban?
A Leon County judge said he will temporaily block Florida’s 15-week abortion ban, which was set to take effect Friday, on the grounds that it violates the Florida Constitution. The decision came almost a week after the U.S.
Supreme Court overturned Roe v. Wade, ending U.S. constitutional protections for the procedure.
WHAT HAPPENS WHEN THE 15-WEEK BAN IS BLOCKED?
The state’s abortion regulations would revert to the law that says abortions cannot take place after the third trimester, around 24 weeks. Florida also requires parental consent before a minor can get an abortion.
Judge John Cooper said he will sign a temporary injunction to block the 15-week ban. If he does not sign it immediately, the 15-week ban would still take effect at 12:01 a.m. Friday, July 1.
HOW DOES THE 15-WEEK BAN WORK?
The law, passed by the Florida Legislature and signed by Gov. Ron DeSantis in April, would ban most abortions after the 15th week of pregnancy. Those who are pregnant may still be able to get abortions after that time if their health is threatened or if their babies have a “fatal fetal abnormality.” A pregnant person would also be required to wait 24 hours after a doctor’s visit to get an abortion.
Previous state law allowed abortions until the third trimester, 24 weeks of pregnancy. Exceptions were made if the pregnant person’s life was at risk or they could experience “irreversible physical impairment of a major bodily function.”
WHY DID THE JUDGE BLOCK THE BAN?
Cooper said he found the ban unconstitutional because it violates the “privacy provision of the Florida Constitution” and “does not meet the standards of the three [Florida] Supreme Court cases” that have affirmed it.
WHAT’S NEXT?
Cooper’s temporary injunction will not take effect until he signs the order. He told attorneys that he would not be signing the injunction on Thursday.
Bryan Griffin, Gov. Ron DeSantis’ spokesperson, said the administration believes the law will withstand all legal challenges. The governor plans on appealing the decision,
Griffin said.
Cooper is not expected to sign the order until next week. When the state appeals the ruling, which it says it will do, the injunction is automatically set aside and the 15-week ban will be in effect pending further legal action.